12-4-36. Rebuttable presumption that certain electors not qualified.
There is a rebuttable presumption that the signer of a petition filed pursuant to chapter 2-1, 6-16, 7-18A, 9-13, 9-20, 12-6, 12-7, or 13-7 is not a qualified elector if the signer's name fails to appear on the active or inactive voter registration list of the county stated on the petition as the signer's county of registration on the date the petition was signed. This rebuttable presumption may only be overcome by clear and convincing evidence presented by the petition sponsor, circulator, or candidate.
Source: SL 2001, ch 65, §1; SL 2013, ch 63, §1.
Structure South Dakota Codified Laws
Chapter 04 - Registration Of Voters
Section 12-4-1 - Persons entitled to register.
Section 12-4-2 - County auditor in charge of voter registration records.
Section 12-4-4.2 - Purpose of overseas voting rights provisions.
Section 12-4-4.3 - Overseas citizen defined.
Section 12-4-4.4 - Registration and voting by overseas citizens--Conditions.
Section 12-4-4.5 - Absentee registration and voting in last county and precinct of residence.
Section 12-4-4.6 - Absentee ballot request as registration--Notarization not required.
Section 12-4-4.7 - Expedition of registrations and ballot requests.
Section 12-4-4.8 - Promulgation of rules by state board.
Section 12-4-4.9 - Election laws apply to overseas voting provisions.
Section 12-4-5 - Entry of applicants in registration file--Deadline--List for runoff election.
Section 12-4-5.2 - Notice of registration procedures--Publication.
Section 12-4-5.3 - Review of voter registration application by auditor--Notice to applicant.
Section 12-4-5.4 - Registration--Information provided.
Section 12-4-5.5 - Verification of registration information.
Section 12-4-6.1 - Effective date of voter registration.
Section 12-4-7.2 - Duty to ensure completion of registration cards.
Section 12-4-8 - Records prescribed by state board--Information required.
Section 12-4-8.2 - True copy to replace duplicate acknowledgment notice.
Section 12-4-9 - Master registration file--Contents--Public inspection--Limitations.
Section 12-4-9.2 - Secured active designation.
Section 12-4-9.3 - Voter registration records of judicial officers not a public record.
Section 12-4-10 - Precinct registration lists--Contents--Entries by superintendent.
Section 12-4-11 - Change of registration file on change in precinct boundaries.
Section 12-4-15 - Designation or change of party affiliation.
Section 12-4-19 - Address verification request--Confirmation mailing--Exception.
Section 12-4-19.2 - Placement in inactive registration file by auditor.
Section 12-4-19.4 - Cancellation of voter registration.
Section 12-4-19.6 - National change of address notice.
Section 12-4-19.7 - Voter registration list maintenance confirmation mailing notice--Contents.
Section 12-4-24 - Precinct lists for local election--Delivery to voting precincts.
Section 12-4-32 - National Voter Registration Act of 1993.
Section 12-4-33 - Chief state election official.
Section 12-4-34 - Registered voters referred to in other statutes.
Section 12-4-35 - Rules for the National Voter Registration Act.
Section 12-4-36 - Rebuttable presumption that certain electors not qualified.
Section 12-4-38 - County auditor's file is official record in event of discrepancy.
Section 12-4-39 - Promulgation of rules--Scope.
Section 12-4-40 - Identification of duplicate voter registration--Notification.
Section 12-4-41 - Use of voter registration information--Violation as misdemeanor--Civil penalty.